CHC depot

Warrant Officer Mpangase, Warrant Officer Sibiya, and Lieutenant Colonel Jacoba met a crime intelligence operative at Isipingo for a briefing before proceeding to CHS Depot to search for the cocaine container.

“We then went to pick him up, and the three of us proceeded to Isipingo, where we met the CI operative, who then briefed us on the information. After a short briefing, we proceeded to CHC depot.”

At CHC Depot, the officers met an Asian female manager who was aware of their visit and granted permission to search for the container.

“At the depot, we met an Asian female. We introduced ourselves to her as police and informed her the purpose of our visit. She told us that she is the manager of the depot, and then she was aware of our pending visit. She granted us permission to search for the container.”

Lieutenant Colonel Sibiya denies the allegation concerning his involvement in a drugs seizure that occurred on 22 June 2021 at CHC Depot in Isipingo.

“I deny the allegation levelled against me. The affidavit will demonstrate that my involvement in the event of 2022, January 2021 ...”

On 1 July 2021, Lieutenant Colonel Jacob requested the speaker to accompany him and Warrant Officer Mpangase to CHC Depot to unpack a container with 5395 50kg bags of animal feed according to the packing list.

“On the 1st July 2021 I was requested by Lieutenant Colonel Jacob to go with him and Warrant Officer Mpangase to CHC Depot do an unpack on the container. We proceeded there. We conducted a count of a total of 5395 bags of 50 kg bags of the animal feed. This corresponded with the packing list.”

Lieutenant Colonel Sibiya states that the first drug seizure he was involved in was at the CHC depot.

“It was my first drug seizure. It was my first time even entering the depot.”

Lieutenant Colonel Sibiya says it was the first time he had been to the CHC depot and they followed Captain Duma who said he had been to the depot for inspection of the container.

“Yes, it was the first time being there. Captain Duma just told us that he has been to the depot, so we will follow him to the depot for inspection of the container.”

Lieutenant Colonel Sibiya says that when they arrived at the CHC depot, Colonel Jacob jumped out of the car with Captain Duma and went to the offices of the depot managers, leaving others behind at the cars.

“There was some area where we parked. Then Colonel Jacob jumped out of the car with Captain Duma. When the vehicles were parked, Captain Duma and Colonel Jacob went to the offices of the depot managers. We remained next to the cars there.”

Lieutenant Colonel Sibiya states that after the meeting with the depot managers, they were accompanied by a lady who introduced herself as Mrs Pillay and showed them the container which was stacked with other containers on top and had container numbers to distinguish it.

“They came back with a lady, I think. She introduced herself as Mrs Pillay and other people that were accompanying them. And then she pointed at the container that we were interested in, but the container was stacked with other containers on top. They have got the container numbers, so that they used to distinguish which container is this.”

Lieutenant Colonel Sibiya states there was only one security officer at the boom gate of the CHC depot and he did not see any firearms on the security officers present.

“Yes, the security guy at the boom gate next to the main road. Just one security guy at the boom gate. No, I did not see firearms. I do not remember if the security at the gate was armed.”

The container was placed between two other containers at the CHC Depot, making access and operations difficult.

“where the container had been placed was between two other containers”

The CHC Depot was a congested and much smaller area than presently seen in photos, with machinery moving around and no designated area for container examination.

“it was a much more congested environment ... it was not a designated area for an examination of a container ... machinery moving throughout”

Adv Sello SC suggests Colonel Jacob knew the container was placed in a non-designated area but allowed it for his convenience as he was unfamiliar with CHC Depot's layout, to which Colonel Jacob initially denies but later partly admits.

“So you knew it was not a designated area ... But you already know it is not a designated area ... I was not aware that this was not a designated examination area”

Colonel Jacob claims he was unaware of a seizure of 999 kilograms at CHC Depot in July 2021, which is concerning given his role as Unit Commander of Durban's COCIU.

“You do not know of that seizure ? ... No , I am not aware of this”

CHC Depot falls within the jurisdiction area of Durban Harbour Police.

“the SOP, the ORS SOP yesterday, which identified CHC Depot to be a licenced depot around the harbour ... that falls within the area of ORS Durban Harbour Police”

Durban Harbour Police have jurisdiction over the CHC Depot and exhibits seized within their area must be handed to Maydon Wharf Police Station.

“in his understanding ... must be handed in as exhibits at the SAPS Maydon Wharf Police Station ... within the Durban Harbour Police area”

Colonel Jacob acknowledges that CHC Depot is within Durban Harbour Police jurisdiction but rejects the idea that exhibits seized outside that area must be sent to Maydon Wharf.

“you have accepted that the CHC Depot is within the harbour area under, in whose jurisdiction, or in whose area the Durban Harbour Police have jurisdiction ... I have never known of one case of those exhibits now being sent to Maydon Wharf because they fall under Durban Harbour Policing area”

February 2020 seizure involved 547 kilograms of Mandrax at the CHC Depot.

“February 2020 seizure ... that was the CHC Depot, that was 547 kilograms of Mandrax”

The document incorrectly stated a 999 kg seizure at Maydon Wharf was at the CHC Depot; Colonel Jacob corrected this saying no 999 kg seizure was at CHC Depot but at Maydon Wharf

“there is no 999 that was seized at CHC ... it was not at the CHC Depot ... as the commander of the unit, I am familiar with my cases”

Colonel Jacob admits he did not call LCRC to the CHC Depot scene nor the Isipingo scene, though protocol requires them to be called for such scenes.

“Yes, that is correct, Commissioner. Yes, I am aware, Commissioner. Yes, I did, Commissioner.”

Colonel Jacob admits breaking the seal numbered H1905754 at CHC Depot and confirms he emptied the container of drugs, took out the bags, and resealed it afterwards.

“You broke that seal at CHC Depot... You emptied the container of the drugs. You took out the bags... Was it sealed thereafter? Yes, it was.”

Colonel Jacob confirmed the risk of people from Umlazi forcibly approaching crime scenes near the CHC depot to take seized drugs, due to the depot's uncovered and exposed location.

“Umlazi is 11 kilometres away from the depot, which I saw as a risk... I fear that people from Umlazi might descend on the scene and possibly take away the drugs”

Colonel Jacob is aware of only two major drug busts at the CHC depot, including a Mandrax bust involving 547 kilos.

“There is only two major drug busts that I am aware of at CHC. That was the first one of the Mandrax, 547 kilos”

Colonel Jacob stated that he is not aware of any occasion where people from Umlazi forcibly removed drugs or other items discovered in a bust or search and seizure at the CHC depot.

“No that I am aware of, Chair”

Colonel Jacob admitted that on a particular drug bust at CHC involving cocaine, only a few police personnel were present and the operation was not supported with adequate manpower, tactical teams, vehicles or armed members, potentially compromising security.

“You do not go there with the necessary man power... and yet you know as you sit there and as you say now, that the proper thing to do is to go to a crime scene like this... You just call Mpangase, that is one person, and you say hey, is KG there? And KG happened to be there, and that was all”

Colonel Jacob admits he could have had the container removed to a less crowded part of the CHC Depot and conducted the search and seizure operation properly and without impediments.

“You could have gotten the container removed ... Once there ... necessary cordoning off ... to conduct the search and seizure properly ...”

Investigation team did not contact Tim Floweday or check phone records or vehicle tracker to verify COLONEL JACOB's assertion about presence at CHC Depot on 1 July 2021 or 2022.

“should they not have contacted Tim Floweday and asked him whether he was there on this specific day? Should they not have checked his phone records to see if he was at CHC Depot? Should they not have checked my vehicle tracker to see if I was there?”

Colonel Jacob took over the investigation on return from work on 1 July 2021 and went to the CHC depot to check the container with Mpangase and Sibiya.

“On my return from work , I took over the investigation . Mpangase made it known that he was leaving .”

Warrant Officer Sander was making enquiries at FSL regarding exhibits seized at CHC Depot on 5 February 2020.

“Warrant Officer Sander of my office was also making enquiries to the FSL with regards to the exhibits seized at CHC Depot on the 5th of February 2020.”

There was a prior seizure on 5 February 2020 involving approximately 547 kilograms of Mandrax tablets and powder.

“The previous seizure at the CHC depot on 5 February 2020 involved approximately 547, but I put 570, kilograms of Mandrax tablets and powder.”

On 1 July 2021, the container contents were verified at CHC Depot by Warrant Officer Mpangase and Tim Floweday of Mega Freight; the investigation confirmed the container was complete and could be released.

“On the bottom of the same page... To CHC Depot with Warrant Officer Mpangase and Sibiya, Tim Floweday of Megafreight present, unpack of container in order to verify the contents... that our investigation pertaining to the actual container is complete and the container could be released.”

Colonel Jacob only discovered that CHC depot is one of the licenced depots when Captain or Lieutenant Colonel Duma was giving his evidence in the Commission.

“I think when Captain or Lieutenant Colonel Duma was giving his evidence.”

Sergeant Mkhize and Govender were conducting their normal duties at CHC Depot and were only requested by Colonel Jacob to assist in transporting exhibits; they were not involved in the breaking of the seal.

“They were there conducting their duties at CHC Depot .”

Sergeant Govender states that the police officers were not present during the seal breaking but were approached during their normal duties to assist in transporting exhibits after drugs were recovered.

“During the course of our duties , we were approached by the male person identified himself as Colonel Jacob from DPCID urban . He informed us that they recovered drugs from one of the containers at the same container depot we were busy at . He further requested us to assist them transporting the exhibits with our state vehicle and we agreed to assist them .”

The ORS (Operational Response Service) has responsibilities over the CHC depot including Isipingo and Prospecton, according to their SOPs.

“The SOP of the ORS includes, specifies, CHC depot, Isipingo as an area of responsibility for the ORS”

Warrant Officer Sander was involved in multiple drug busts in Durban between 2020 and 2023 involving large quantities of Mandrax, cocaine, and methamphetamine.

“General Flynn had created table of drug busts that occurred in Durban... 5 February 2020 at CHC Depot, 547 kilograms Mandrax... 8 May 2020... 11 August 2020, Durban, 20 kilograms of Cocaine... 23 February 2021, 495 packages of Meth... 30 July 2021, Maydon Wharf, 1,000 kilograms of Cocaine... 28 November 2022, 60 kilograms of Cocaine at R & D Port... 13/10/2023, 228 kilograms of Cocaine at Dube Cold Storage...”

On the day in question of the February 2020 bust, Warrant Officer Sander was contacted by a senior colleague from the SARS customs narcotics section about irregularities involving Mandrax being moved at the CHC Depot and he asked Metro Police Captain Greg Beavon for assistance.

“One of their seniors phoned me and he said he has got an issue ... there was an amount of Mandrax found at CHC Depot ... irregularities ... I called a colleague from the Metro Police, Captain Greg Beavon ... can you help me?”

At the CHC Depot, there is access control and containers related to drug busts are located at the back; Warrant Officer Sander is familiar with the layout having worked there before.

“We check in at the main gate ... there is access control at Isipingo going into CHC depot ... we get directed to the back ... I have worked there before, so I know the layout pretty well.”

The CHC Depot is the same depot where a large cocaine seizure of 541 kg occurred, linking the site to significant drug-related criminality.

“CHC depot is the same depot where the 541 kg of Cocaine was found”

The police cordon tape seen in the photograph is used to secure the scene at the CHC Depot bonded section.

“that is the entrance gate to the bonded section of CHC Depot. It is police cordon tape, ma'am.”

By the time the police arrive at the scene, the goods have already been removed from the container and are subject to inspection, unpacking, repacking and moving within the yard area of the CHC Depot.

“now, at this stage, we are not dealing with a container. The goods were already taken out of the container... your inspection by the police members, your unpacking and repacking and moving from one container into the yard happens there.”

The preferred location to place exhibits in bags is at the crime scene unless there is a valid reason to do elsewhere, which is highly unlikely at CHC depot.

“Is it at the scene or can it be done elsewhere? ... at the scene ... if it is not, there would have to be a reason why you are moving it ... from CHC? ... no reason ... I do not think there could be a reason.”